Case Details

Issues

Conflict Of Interest, Control Of Litigation, Status In State Government

Filing State

NH

Court

New Hampshire Superior Court

Year

2008

Citation

Correia v. Town of Alton, 2008 N.H. Super. LEXIS 19 (N.H. Super. Ct. 2008).

Resolution

No issue of procedural due process in administrative proceeding where assistant attorney general was both prosecuting and advising.

Case Description

the court stated that even if the assistant attorney general had commingled investigative and adjudicatory functions, the defendant would still need to show “actual bias” through “evidence that [the assistant attorney general] had a pecuniary interest in the outcome of the case, had become personally embroiled in criticism from [the defendant], had heard evidence in secret at a prior proceeding, or had been related to a party.”